On Friday, the Apex Court said it will consider listing a plea challenging the ongoing contempt proceedings against the chairperson of the state Bar Council & others before the Madhya Pradesh High Court for allegedly giving a strike call.
A bench comprising Chief Justice D Y Chandrachud & Justices J B Pardiwala & Manoj Misra took note of the submissions of senior advocate Vivek Tankha, appearing for the MP State Bar Council chairperson & other bar leaders, that several bar leaders have been facing contempt proceedings & the matter needs to be heard urgently.
"Not only the State Bar Council chairman, but 103 bar associations also are facing contempt proceedings. The matter is urgent," Tankha said.
"I will see," the CJI said.
The Madhya Pradesh High Court has initiated a contempt case against the State Bar Council chairperson & its elected members over the continuing strike of lawyers in the state.
Instead of resolving the issue, the State Bar Council chose a path of confrontation without justifiable cause, the high court had said.
The MP State Bar Council chairperson filed the appeal against the high court's interim order of November 2, 2023.
"In a nutshell, the case of the Petitioners is that Contempt Proceedings were initiated against them for calling a strike & asking all lawyers to abstain from work from March 23, 2023 against a circular issued by the High Court which had caused mass unrest in the State of Madhya Pradesh.
"Against the said action, the High Court initiated Suo Motu proceedings ..., from which emanated multiple contempt proceedings against the Chairman & other office bearers of State Bar Council of Madhya Pradesh & against individual lawyers for refraining from court proceedings,” the letter of urgency, filed through lawyer Sumeer Sodhi, said.
It said the matter was resolved & the strike was called off on March 29, 2023, after the intervention of the top court. Subsequently, the circular, which was the cause for strike, was also amended.
The bar leaders tendered "unconditional & unqualified bona fide apology" before the High Court on November 2, 2023, it said.
"However, the High Court, while passing the impugned Order, has accepted the apology tendered by individual lawyers & dropped contempt proceedings against them, but did not accept the apology tendered on behalf of the Chairman State Bar Council of Madhya Pradesh & its office bearers. As a result, criminal contempt proceedings pending against them were continued," the letter said.
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